Sentence Question

Convicted Driver Insurance

Someone

New Member
In the case where someone has been arrested after crashing their car and charged with:

DUI;
Speeding; and
Failing to stop;

how likely is a prison sentence? Will dangerous driving be added later in court and what happens as regards an extended retest? Is it the same license you get back with a retest or a clean one?

Not that there's really likely to be any good outcome but what steps should a person take after getting themselves a solicitor?

The incident happened on a motorway and the speed was extremely excessive. Nobody was hurt, which is the only good thing.
 
The sentence will very much depend on what offences are prosecuted and what aggravating and mitigating features are brought to the Court's attention.

For all offences the Court's have a set of written sentencing guidelines to help Magistrates decide where abouts on the grand scale of things a particular offence and set of circumstances surrounding it might fall. For Driving with Excess Alcohol the Court will first and foremost consider the level of alcohol (ie the alcohol reading in breath, blood or urine). The guidelines suggest that readings up to around 86mg in 100ml of breath should attract a fine, 86mg uo to around 117 mg in 100ml of breath should attract a community sentence and readings of 117mg in 100ml of breath and upwards should attract a prison sentence.

Having said that, lower readings could also attract a prison sentence if there are sufficient aggravating features present. For example; was there evidence of particularly bad driving? how excessive was the speed? how bad was the collision and was there damage caused to property? There is a list of factors within the guidelines that the court can properly regard as aggravating features. If you are convicted of Drink driving alone then there would be a minimum 12 month ban but there would not usually be a retest required. The conviction remains on your licence for 11 years.

Whether you are likely to be charged with Dangerous Driving as well will very much depend on the circumstances and there is insufficient information (and time) to comment here. The definition of Dangerous Driving is Driving that falls well below the standard of a reasonable, prudent and careful driver. Dangerous Driving is a very serious offence that can be tried on indictment (ie at the Crown court) and carries up to 2 years in prison and a mandatory minimum 12 month ban with an extended retest. The rehabilitation period (ie time before it becomes spent) is determined by the Rehabilitation of Offenders Act 1974 and depends on the sentence that is imposed.

If you are already legally represented then I would say follow your solicitors advice about what steps to take now.
 
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If further information helps:

The alcohol reading was 65mg.

The damage to property (besides the vehicle that crashed) was a central reservation crash barrier.

The incident happened at 1am on Sunday morning. There were few vehicles about. The road was a motorway, the speed was 125 and the speed limit was 70.

Legal advice will obviously be followed but any extra information at this stage will help.
 
Based on 65 ug in breath, the suggested disqaulification would be 17 - 22 months. However, this assumes that dangeorous driving is not charged. If you require any further advice we are able to offer a fixed fee service including full representation at Court in order to secure the best possible sentence for you.
 
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